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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. D Association (hereinafter “Non-Party Association”) reconstructed a commercial building (hereinafter “instant commercial building”) under the name of “K” on the land of Jung-gu, Seoul. B is the owner of the 7th floor F (hereinafter “instant store”) among the instant commercial buildings (B obtained registration of preservation of ownership for the instant store on October 15, 2010), and the Defendant leased each of the instant commercial buildings to the buyers including the Plaintiff, who entered into a contract for the construction of the instant commercial building and the overall execution of the instant business by proxy with the Non-Party Association.
B. On March 13, 2008, the Plaintiff entered into a lease sale contract with the Defendant (hereinafter “instant sales contract”), and prepared a written consent of management and operation stating that “The Plaintiff, as the buyer who entered into the instant sales contract with the Defendant, agrees to entrust the management and operation of the commercial building to the name K Co., Ltd. (hereinafter “instant management company”) designated or established in the non-party partnership, and to the company substituted therefor, and to faithfully implement the K management regulations and rules enacted by the non-party partnership or the management company of this case, and to submit this written consent.”
Article 1 (Indication of Rental Real Estate): (1) One unit of the 7th floor of the instant commercial building (3.9 square meters for exclusive use by the unit of the instant commercial building): (2) The specific location of a store shall be filled after the payment of the remainder, and the sales price shall be settled according to the area of the store determined by lot
(3) After drawing a store, a direct lease contract with a lessor is prepared, and such sales contract becomes void after drawing up a new lease contract, and the relationship with a lessor shall be governed by a new lease contract.
Article 2 (Payment of Price) ① 5650,000 won (payment of Rental Deposit KRW 38,500,000,000 and KRW 16,50,000,000 excluding Rental Deposit and Rental Deposit, and value-added tax KRW 1.65,00) have increased or decreased after the store lottery.